Transcript Army DADT Vignette Slides (17 Feb 11)

Repeal of
Don’t Ask, Don’t Tell
(DADT)
Army Vignette
Leadership – Professionalism – Discipline - Respect
1
Vignette 1
SITUATION 1: You are the Non-Commissioned Officer in Charge
at a high tempo recruiting office. Your top notch, high performing
recruiter who has served in the military for 15 years asks to meet
with you. Due to his personal religious beliefs, he tells you he
cannot process an outstanding applicant who voluntarily states he
is gay.
Issue: Accessions and Recruiting Policy. What actions should
the NCOIC take? Has the Service member committed
misconduct?
Leadership – Professionalism – Discipline - Respect
2
Vignette 1
Discussion: Normally, counseling and education should be your first course of action. As his
supervisor, you counsel him on the new policy, informing him that sexual orientation is not a bar to
military service, and his duty is to recruit the best qualified applicants within the enlistment
standards set by the Service. Due to the Service member’s stated religious concern, you may
suggest the Service member meet with the chaplain or another spiritual advisor. If, the recruiter
continues to refuse to process an otherwise qualified recruit, he could be subject to disciplinary or
adverse administrative action. However, if the recruiter’s performance and professionalism are
otherwise high, and he is able to carry out assigned duties but still cannot resolve the conflict with
his personal beliefs, the NCOIC could work with the chain of command to explore their available
options to include possible reassignment. In all situations, leaders are expected to enforce
standards and correct behaviors that undermine unit cohesion. Positive leadership with a focus on
professional obligations to uphold the policy while recruiting the best qualified applicants should be
reinforced. Service members are expected to obey lawful orders and could be subject to discipline
or adverse administrative action if they refuse orders, even if such refusal is based on strong,
sincerely held, moral or religious beliefs.
Leadership – Professionalism – Discipline - Respect
3
Vignette 2
SITUATION 2: You are the Non-Commissioned Officer in Charge at a high
tempo recruiting office. Your top notch, high performing recruiter from Situation
1 has been doing a good job for the past couple of months after your discussion
with him about Don’t Ask, Don’t Tell. He requested a reassignment but it was
denied. The recruiter asks to see you and informs you that while he appreciates
how the situation was handled, he has tried but he cannot resolve his personal
beliefs with the repeal of Don’t Ask, Don’t Tell. He has two years remaining on
his current enlistment and wants to know how he can request an early
separation.
Issue: Release from Service Commitments. What actions should the NCOIC
take? Can the recruiter be released early from his service commitment?
Leadership – Professionalism – Discipline - Respect
4
Vignette 2
Discussion: The Department of Defense does not
permit the early discharge of Service members based
upon their opposition to a new policy. This includes a
repeal of Don’t Ask, Don’t Tell. “Any Soldier may request
early discharge at any time. However, the Army will only
approve in cases where it is in the best interest of the
Army.”
Leadership – Professionalism – Discipline - Respect
5
Vignette 3
SITUATION 3: An applicant comes into a recruiting station and
says that he would like to enlist. In accordance with DoD policy,
the recruiter does not ask any questions about the applicant’s
sexual orientation; however, the applicant reveals of his own
accord that he is gay.
Issue: Accessions and Recruiting Policy; Collection and Retention
of Sexual Orientation Data. What should the recruiter do after
hearing the applicant’s statement?
Leadership – Professionalism – Discipline - Respect
6
Vignette 3
Discussion: Applicants will not be asked or required to reveal
their sexual orientation during the accession process. If an
applicant comes into a recruiting office and volunteers a statement
that he or she is gay or lesbian, the recruiter should explain to the
applicant that sexual orientation is considered a personal and
private matter, and the comments about their sexual orientation is
not part of administration and will not be used in their application
into US Army. No Service member is required to declare their
sexual orientation. The recruiter should continue to administer the
application unless the applicant is otherwise ineligible for service
in the military.
Leadership – Professionalism – Discipline - Respect
7
Vignette 4
SITUATION 4: A Lieutenant complains to her immediate supervisor that she believes the
reason for her non-selection to a much-desired school was due to her sexual orientation.
The supervisor informs the Soldier that the panel used for the selection process had no
way of knowing her orientation, but he would check into the situation and get back to
her. After an informal inquiry of the panel members, the supervisor concludes that the
selection process used was fair and equitable. The Soldier is still not satisfied and wants
to know what other course of action she can take. You refer her to the Commander who
understands the Soldier has a right to redress suspected wrongs in the selection
process, but is unsure if this is a matter for the Equal Opportunity Advisor, the IG or the
chain of command.
Issue: Equal opportunity. The commander wonders if this is an issue under the Military
Equal Opportunity Program (MEO), the Inspector General (IG), or something the chain
of command should be made aware of to determine if the selection board acted
appropriately.
Leadership – Professionalism – Discipline - Respect
8
Vignette 4
Discussion: Soldiers should be evaluated only on individual merit. The
IG and commanders work allegations of unfair treatment not associated
with Equal Opportunity on a regular basis. The supervisor’s attempt to
resolve the complaint through informal inquiry did not satisfy the
Soldier’s concerns. The Soldier should attempt to continue to resolve
the complaint within the chain of command, if possible. If the complaint
is not resolved within the chain of command, the Soldier can seek
resolution through the IG or other means established by the Services. In
this case, the EO program is not appropriate for resolution because
sexual orientation is not specified as a class eligible for the EO
complaint resolution process.
Leadership – Professionalism – Discipline - Respect
9
Vignette 5
SITUATION 5: A Soldier requests emergency leave after
receiving a Red Cross message concerning the critical
condition of his same-sex partner.
Issue: Benefits. Is the Soldier eligible for Emergency
Leave?
Leadership – Professionalism – Discipline - Respect
10
Vignette 5
Discussion: The Soldier may be eligible for emergency leave. The sexual orientation of
the Soldier’s partner has no bearing on the decision. DoDI 1327.06 states that
emergency leave may be appropriate in the following circumstance: the Soldier’s failure
to return home places a severe or unusual hardship on the Soldier, his or her household
or immediate family. Commanders may grant up to 30 days of emergency leave. The
Commanding Officer should meet with the Soldier to obtain information about the
emergency and verify that the Soldier’s presence can resolve or alleviate the situation. If
in doubt, the Commander should seek legal advice and consult the chain of command. If
circumstances and the military mission warrant granting emergency leave, the
Commanding Officer should ensure swift processing of the request. If the situation does
not fall within the guidelines of emergency leave and the mission will not be
unacceptably impacted, every attempt should be made to resolve the situation swiftly
and compassionately through other authorized alternatives. Considerate, professional
understanding is the humane approach to granting leave requests, regardless of the
situation or circumstances.
Leadership – Professionalism – Discipline - Respect
11
Vignette 6
SITUATION 6: You are a Sergeant First Class in the Battalion S-3/Operations
shop serving as the NCOIC. A Sergeant, who is a lesbian, approaches you and
states she can no longer tolerate her roommate. Through positive
reinforcement, counseling and mentorship, you attempt to resolve the issue at
the lowest level in the chain of command. However, you notice her performance
starting to diminish and she and her roommate are making derogatory
comments to co-workers about each other. The behavior has become disruptive
to the entire unit and others are starting to complain. She puts in a request to
be re-assigned to another room in the barracks.
Issue: Privacy and Cohabitation. What options does the NCOIC have to
address conflicts between roommates? What actions should the chain of
command take to address this issue?
Leadership – Professionalism – Discipline - Respect
12
Vignette 6
Discussion: The NCOIC must take a very active and positive leadership
approach with a focus on conflict resolution and professional obligations to
uphold the policy. The Sergeant First Class should counsel the individuals
and help them to resolve their personal differences. A clear message must
be received by both Soldiers, that respecting each other’s rights within a
closed space is critical to maintaining good order and discipline. Standards
of conduct apply equally to all Soldiers and inappropriate conduct by either
roommate should be corrected appropriately. If the issue cannot be
resolved and alternative barracks arrangements can be made within
command policy and without degrading good order and discipline of the
unit, the Commander may consider reassignment of roommates.
Leadership – Professionalism – Discipline - Respect
13
Vignette 7
SITUATION 7: You are the administrative chief of a unit personnel
office. A newly commissioned Lieutenant reports to the unit with the
expectation of starting his BAH at the “with dependent” rate. He informs
you that he got married while executing PCS orders. He presents his
marriage certificate. While reviewing the documents, you notice the
Soldier was married to his same-sex partner in Vermont where samesex marriage is legal. The newly-reported member informs you he
thought he would receive BAH at the “with dependent” rate once Don’t
Ask, Don’t Tell was rescinded.
Issue: Benefits. What entitlements are available to same-sex partners?
Leadership – Professionalism – Discipline - Respect
14
Vignette 7
Discussion: The Defense of Marriage Act (DOMA) currently
recognizes only opposite-sex marriages. Therefore, a Soldier
cannot claim dependency for a same-sex partner, for BAH
purposes. You inform the Lieutenant that he is not entitled to BAH
at the “with dependent” rate based on a marriage to a same-sex
partner. However, if the Soldier has a qualifying dependent such
as a dependent child, then he is eligible for BAH at the “with
dependent” rate. The question of benefits for unmarried partners
is being studied by the DoD at this time. For further explanation of
the law and current entitlements available to the Soldier and his
family, refer the Lieutenant to the Legal Office.
Leadership – Professionalism – Discipline - Respect
15
Vignette 8
SITUATION 8: You are the supervisor of a Soldier who wants to file a complaint
against a chaplain. The Soldier informs you that she attended a worship service
at the post chapel over the weekend. The chaplain’s sermon included several
direct statements that homosexuality is a sin and that marriage should be only
between a man and woman. The Soldier disagreed with the chaplain’s remarks
and felt they were discriminatory and biased and should not be allowed.
Issue: Moral and Religious Concerns. Can the Soldier file a complaint of
discrimination or harassment against the chaplain? Should chaplains revise
their sermons to avoid the perception of discrimination? What alternatives are
available to assist the member or the chaplain?
Leadership – Professionalism – Discipline - Respect
16
Vignette 8
Discussion: Chaplains have the right to express their religious beliefs during their conduct of
a service of worship or religious study. Unless a chaplain’s speech is otherwise prohibited,
such as publically maligning senior leaders, their sermons and/or teachings cannot be
restricted, even with regard to socially controversial topics. This situation is a good
opportunity to have a discussion with the Soldier about religious beliefs and the proper
boundaries of religious expression in the military. You could offer to meet with the Soldier and
the chaplain to facilitate a discussion on the topic. If either the chaplain or the Soldier feels
that due to their religious views, speech or practice, they have been improperly treated,
redress is available through their chain of command, existing Army policy or the IG if
necessary. Chaplains facilitate the free exercise of religion for all personnel, regardless of the
religious affiliation of either the chaplain or the individual. At the same time, regulations also
recognize that chaplains minister to members in accordance with, and without compromising,
the tenets of their faith. These boundaries are not always clearly defined. Finally, the Soldier
may request assistance from the chaplain’s office in finding an alternate religious service to
attend.
Leadership – Professionalism – Discipline - Respect
17
Vignette 9
SITUATION 9: You are a Senior NCO. After a company run, you
witness two of your fellow Soldiers in the locker room joking and
having a loud inappropriate conversation about gays and lesbians.
The comments were directly related to their refusal to be naked
and shower in front of a gay Soldier.
Issue: Standards of Conduct; Privacy. How do you address this
situation? Is there a violation of the Standards of Conduct?
Leadership – Professionalism – Discipline - Respect
18
Vignette 9
Discussion: Leaders at all levels are responsible for maintaining trust,
cohesion, effectiveness and readiness of the all-volunteer force. Leaders are
expected to dispassionately enforce standards and correct behaviors that
undermine unit cohesion. You should advise them of the Army policy and inform
them that discrimination, harassment or abuse against any Soldier is
inappropriate. If a request is made to avoid showering with an individual,
Commanders have the discretion to grant personal requests within unit policies
and if the mission is not unacceptably impacted. As a general rule, the person
making the request would have the burden of adapting to a different schedule.
However, publicly joking about this issue is inappropriate behavior, as it
undermines unit cohesion, and harassment or abuse based on sexual
orientation is unacceptable.
Leadership – Professionalism – Discipline - Respect
19
Vignette 10
SITUATION 10: You are a civilian working in the housing office. A
Soldier who is a lesbian, recently adopted a son and reports to your
office to discuss her Military Family Housing (MFH) application. She
requests to be assigned specific quarters that are more isolated than
others, for concerns of potential harassment of her family. She also
requests that her same-sex partner, who is her son’s primary care
provider, occupy the quarters as well.
Issue: Benefits; Standards of Conduct. Are there guidelines for samesex partners occupying Military Family Housing? How should the
housing office consider the request for specific quarters?
Leadership – Professionalism – Discipline - Respect
20
Vignette 10
Discussion: You should inform the Soldier that because she has a qualifying
dependent son that she is indeed authorized Military Family Housing. Local
policies regarding live-in child care providers or other non-dependents living in
on-post housing should be followed for the same-sex partner. You explain to
her that in accordance with the MFH assignment policy, she will be given
several options pertaining to assignment of quarters, but her special request to
be assigned isolated quarters may not necessarily fall within the guidelines of
“special considerations.” If quarters are found inadequate for her needs, she
has the option to obtain outside housing or discuss the issue with her chain of
command. Since the Soldier also expressed a concern about harassment, it
would be appropriate to refer her to her chain of command to discuss these
concerns. Harassment for any reason is not tolerated within the Army and
should be appropriately reported and corrected at all times.
Leadership – Professionalism – Discipline - Respect
21
Vignette 11
SITUATION 11: You are the Executive Officer of your unit.
While shopping at the local mall over the weekend, you
observe two junior male Soldiers assigned to your unit and in
civilian clothes kissing and hugging in the food court.
Issue: Standards of Conduct. Is this within standards of
personal and professional conduct?
Leadership – Professionalism – Discipline - Respect
22
Vignette 11
Discussion: If the observed behavior crosses acceptable
boundaries as defined in applicable standards of conduct
for your unit and the Army, then an appropriate correction
should be made. Your assessment should be made without
regard to sexual orientation.
Leadership – Professionalism – Discipline - Respect
23
Vignette 12
SITUATION 12: A Soldier has been observed entering, leaving
and generally “hanging around” a gay bar. The Commander is
notified of the observations but isn’t sure what action, if any, she
should take.
Issue: Standards of Conduct. What should the Commander do?
Can she take administrative disciplinary action and charge the
Soldier for patronizing a gay bar? Should she conduct a
Commander’s inquiry?
Leadership – Professionalism – Discipline - Respect
24
Vignette 12
Discussion: Installation Commanders can place an
establishment off-limits for certain reasons, such as known or
suspected criminal activity or drug use. An establishment would
not be placed off-limits just for catering to gay clientele. Unless
the establishment is designated off-limits by the installation
Commander or there is evidence of behavior by the Soldier that
is counter to Army standards of conduct, there is no prohibition
against going to a gay bar. In this case, the Commander should
take no action.
Leadership – Professionalism – Discipline - Respect
25
Vignette 13
SITUATION 13: A Warrant Officer is watching the local TV news
coverage of a gay rights parade when he notices a female Soldier
assigned to his unit marching in the parade in civilian clothes, carrying a
handmade placard. As the television camera zooms in on the Soldier’s
sign, the Warrant Officer can clearly read the handwritten words
“Support Gays and Lesbians in the military!” The next morning, he
reports the incident to his Commander.
Issue: Standards of Conduct. Is this prohibited activity? Should the
Commander inquire into what meaning this Soldier had intended to
convey by carrying that particular sign in the gay rights parade?
Leadership – Professionalism – Discipline - Respect
26
Vignette 13
Discussion: A Soldier’s participation and carrying a banner or sign in a gay
rights activity would not in and of itself constitute misconduct unless the
Soldier’s actions are otherwise prohibited or would discredit the military. For
example, participating in uniform or while on duty hours would be prohibited
unless approved by authorized command authorities. In this case, the Soldier
chose to carry a sign that acknowledged positive support for gay and lesbian
Soldiers serving in the military. The parade was a local community-sanctioned
event and was not a protest or dissident activity prohibited by existing policy.
Furthermore, the Soldier was off-duty and in civilian clothes. Participation in the
parade as described is within the Soldier’s right of expression and consistent
with good order and discipline. However, if there is any doubt about
participating in any off-post event, the Commander should contact the SJA for
advice.
Leadership – Professionalism – Discipline - Respect
27
Vignette 14
SITUATION 14: You are the Command Sergeant Major of a garrison. A Soldier
with sixteen years of service requests to see you about her next assignment.
Due to a medical concern of her same-sex partner, she would like to request a
post where her partner would have access to the medical care. She states that
if she cannot get the care, she intends to turn down her next assignment. She
wants to know if she can receive any assignment priority based on the needs of
her partner.
Issue: Duty Assignments. What actions should the Command Sergeant Major
take? Can the Assignment Officer take into consideration the member’s honest
acknowledgement concerning her partner and assign her to the desired
location? Can the member decline assignment orders without consequences?
Leadership – Professionalism – Discipline - Respect
28
Vignette 14
Discussion: Soldiers are assigned permanent change of station orders based on the
needs of the Service. Soldiers can share personal information with assignment
personnel for consideration in making assignments. Assignment personnel then make
assignments within existing Service assignment policy. In general, a Soldier’s sexual
orientation should have no bearing on the assignments process. In this case, the samesex partner would not qualify the Soldier for assignment priority under existing Army
policy. However, the Soldier can provide any information that she is comfortable sharing
for consideration. The Soldier could also share her concerns with the Commander who
could make an input to the assignment process within existing Service regulations. If the
assignment can be made within existing assignment policy and the needs of the Army,
then this request should be considered. The Soldier may turn down the assignment and
separate if she does not have an existing service commitment that would prevent her
from separating. If the Soldier has further questions about assignment priority based on
her situation, she should be referred to the legal office.
Leadership – Professionalism – Discipline - Respect
29
Leadership – Professionalism – Discipline - Respect
30